Regulations on stay pending exit of person subject to the expulsion sentence in Vietnam

Cases of sending a person subject to the expulsion sentence to an accommodation establishment in Vietnam

Pursuant to Clause 1 and Clause 2, Article 121 of the Law on Execution of Criminal Judgments 2019, pending his/her exit from Vietnam, a person subject to the expulsion sentence shall stay in a place designated by the criminal judgment execution agency of the provincial-level police department.

The criminal judgment execution agency of the provincial-level police department shall send a person subject to expulsion to an accommodation establishment of the Ministry of Public Security in case he/she:

(1) has no place of permanent residence or temporary residence:

(2) has illegally entered the country or committed a serious, very serious or extremely serious crime;

(3) has left the previously designated accommodation establishment without permission or failed to comply with management and supervision measures of a competent agency;

(4) has committed an illegal act or is believed to be likely to commit an illegal act pending his/her exit;

(5) has escaped, prepared for escape or otherwise obstructed the execution of the expulsion sentence;

(6) has contracted an infectious disease category A specified in the Law on Prevention and Control of Infectious Diseases 2007; or

(7) wishes to stay in an accommodation establishment.

Regulations on sending a person subject to the expulsion sentence to an accommodation establishment in Vietnam (Internet image)

Procedures for sending a person subject to the expulsion sentence to an accommodation establishment in Vietnam

Pursuant to Clause 3, Article 121 of the Law on Execution of Criminal Judgments 2019, procedures for sending a person subject to the expulsion sentence to an accommodation establishment are as follows:

- In case he/she is on bail, the criminal judgment execution agency of the provincial-level police department shall escort him/her to an accommodation establishment;

- In case he/she is held in a detention center, the criminal judgment execution agency of the district-level police office of the place of detention shall, upon receiving the judgment execution decision, hand over him/her to the criminal judgment execution agency of the provincial-level police department for escorting him/her to an accommodation establishment;

- If the inmate subject to the additional penalty of expulsion has completely served the prison sentence, the prison shall hand over him/her to the criminal judgment execution agency of the provincial-level police department for escorting him/her to an accommodation establishment.

In addition, in case a person subject to the expulsion sentence dies pending his/her exit from Vietnam, the designated accommodation establishment or place of stay shall promptly notify the death to the criminal judgment execution agency of the provincial-level police department, an investigative agency or a competent procuracy for identifying the cause of the death.

The criminal judgment execution agency of the provincial-level police department shall notify the death in writing or via fax to the court which has issued the expulsion sentence execution decision, the Ministry of Foreign Affairs of Vietnam, the diplomatic mission or consular office of the country of which he/she is a citizen or the representative office of the international organization in which he/she works and the agency or organization which has guaranteed his/her entry in Vietnam.

After obtaining permission of a competent agency, the criminal judgment execution agency of the provincial-level police department shall organize his/her burial. In case his/her relative or lawful representative requests to receive his/her corpse for burial and bear burial expenses, the criminal judgment execution agency of the provincial-level police department shall consider and settle the request.

The Government shall specify food rations, accommodation and other daily-life activities, visits, medical examination and treatment for persons subject to the expulsion sentence during their stay in accommodation 

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE